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Nicholas F. Domain Sand & Gravel Company

October 7, 2004

NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Notice of Complete Application
Notice of Acceptance of Draft Environmental Impact Statement,
Notice of Public Comment Period
- and -
Notice of Legislative/SEQRA Hearing

APPLICANT: Nicholas F. Domain Sand & Gravel Company
2441 NYS Route 22
Dover Plains, NY 12522

LOCATION: Property immediately west of NYS Route 22 and south of West Duncan Hill Road, approximately 2.75 miles south of the hamlet of Dover Plains

DEC APPLICATION NUMBERS: 3-1326-00092/00004 - Mined Land Reclamation
3-1326-00092/00005 - Air State Facility

PROJECT DESCRIPTION:

Nicholas F. Domain Sand & Gravel Company (Domain) proposes to expand its current 41.7 acre sand and gravel mine to include an additional 11.5 acres located immediately west of the existing mine. In addition, a new dolostone quarry mining operation is proposed on 22.3 acres located immediately north of the existing sand and gravel mine. Operations at the quarry mine will include blasting, rock breaking equipment and a primary crusher for processing of material. Domain estimates that quarry operations will be approximately 40 to 50 years based upon projected reserves and subject to market demands and sales. Projected stone reserves are estimated to be three (3) million cubic yards and sand and gravel reserves are estimated to be 0.5 million cubic yards in the expansion area.

PERMITS REQUESTED:

Domain is requesting a Mined Land Reclamation permit modification pursuant to Environmental Conservation Law (ECL) article 23, title 27 and an Air State Facility permit pursuant to ECL Article 19. In addition, the project must also demonstrate compliance with the Department's SPDES General Permit for Stormwater Discharges associated with Industrial Activity. The General SPDES permit is authorized pursuant to ECL Article 17, Titles 7 and 8.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA):

Under SEQRA, the project associated with this permit is classified as a Type I Action with the Department of Environmental Conservation (DEC) designated as the lead agency. It has been determined that the project may have a significant effect on the environment. Accordingly, a Draft Environmental Impact Statement (DEIS) has been prepared and accepted as complete by DEC. A public scoping session was held in the Town of Dover Town Hall on July 11, 1996.

STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION:

A cultural resources survey has been completed. The information provided in the survey report has been submitted to the New York State Office of Parks, Recreation and Historic Preservation for review by DEC as part of the consultation process required under SHPA.

NOTICE OF COMPLETE APPLICATION:

Department Staff has determined that the permit applications are complete for the purpose of commencing review. This does not prevent the Department from requiring supplementation during the course of review in order to enable it to make findings and determinations that are required by law.

SEQRA/LEGISLATIVE HEARING:

Pursuant to 6 NYCRR 617.9(a)(4) and 621.7 a combined SEQRA and Department legislative hearing session on the Draft Environmental Impact Statement (DEIS) and the application materials will be held before Administrative Law Judge (ALJ) Edward Buhrmaster to receive unsworn statements from the public at 7:00 p.m. on November 18, 2004 at the Town of Dover Town Hall, 126 East Duncan Hill Road, Dover Plains, New York. All persons, organizations, corporations or government agencies which may be affected by the proposed mine expansion are invited to attend the hearing and to submit oral or written comments. Although it is not necessary to file in advance to speak at the hearing, lengthy comments should be submitted in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker as necessary to afford all attendees an opportunity to be heard.

The hearing location is fully accessible to persons with mobility impairments. Interpreter services will be made available to deaf persons at no charge upon written request to ALJ Buhrmaster at NYS DEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, NY, 12233-1550, at least 10 days prior to the hearing.

In addition to, or in lieu of, oral statements, written comments on the DEIS and application materials may be mailed to Deputy Regional Permit Administrator Alexander Ciesluk, Jr., NYS DEC, 21 South Putt Corners Road, New Paltz, New York, 12561-1620. Written comments will be considered equally with oral statements. Written comments must be received by close of business December 3, 2004.

Upon review of all oral statements and any duly filed written comments, Department Staff will determine whether additional hearings about the Applicant's proposal will be necessary.

STATUTORY AND REGULATORY PROVISIONS:

This application is being processed pursuant to ECL Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review Act 6 NYCRR Part 617), Article 17 (Water Pollution Control), Article 19 (Air Pollution Control, 6 NYCRR Part 212 and 40 CFR Part 60), Article 23 (Mineral Resources, 6 NYCRR Part 420-425) and Article 70 (Uniform Procedures Act, 6 NYCRR Part 621).

DOCUMENT AVAILABILITY:

The application materials and the Draft EIS are available for public review at the Department's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1620, during normal business hours between 8:30 AM and 4:45 PM, Monday through Friday, contact: Brenda Bubenicek at (845) 256-3021. In addition, the DEIS is also available for review at the Town of Dover Town Clerk's office, Dover Town Hall and at the Dover Plains Library, 1797 Route 22, Wingdale, New York.

For further information please contact: Alexander Ciesluk, Jr., NYS DEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1620; Telephone: (845) 256-3014; E-Mail: afcieslu@gw.dec.state.ny.us

Margaret E. Duke
Permit Administrator

New Paltz, New York
October 7, 2004

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